News & Noteworthy

Authored - NJ Contract Law Update - Applicable Statute of Limitations

MAY 07, 2014 |Windels Marx - Commercial Litigation

New Jersey has an unusual structure as to its statutes of limitation ("SOL's"). Apart from 'specialty' SOL's, the length of the SOL (six years vs. two years) centers around the type of harm--and not the type of claim.

This was highlighted in Andreyko v. Sunrise Senior Living, Inc., ___ F.Supp.2d. __, 2014 WL 282762 (D.N.J Jan. 24, 2014). There, the Court correctly focused on the type of harm (there, involving physical injury--and not the legalistical nature of the quasi-contractual/statutory cause of action--to apply the two-year SOL under N.J.S.A 2A:14-2, rather than the six-year SOL for 'property' injuries under N.J.S.A. 2A:14-1.

Issues of application of the six-year SOL, and its start date, were also recently addressed in Ellman v. Balauski, 2014 WL 775109 (N.J.App.Div. 2014).

Practitioners seeking to correct the correct SOL and its application should consult cases such as Andreyko and Ellman.

Contact & Legal Disclaimer

Clark Alpert is the author of Guide to New Jersey Contract Law, published by the New Jersey Institute for Continuing Legal Education and now in its third edition. His updates on New Jersey contract law are based on recent issues and practical methods for addressing similar situations in your practice or business. They are not intended to serve as legal advice. Clark welcomes your questions and comments.